CHAPTER 204
HB 421 - FINAL VERSION
22april99.....0760h
1999 SESSION
HOUSE BILL 421
AN ACT relative to penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds, and other aquatic growth.
SPONSORS: Rep. Cooney, Rock 26; Rep. Dickinson, Carr 2; Rep. French, Merr 3
COMMITTEE: Resources, Recreation and Development
AMENDED ANALYSIS
This bill:
I. Makes it a violation to intentionally or recklessly introduce exotic aquatic weeds into waterbodies of the state.
II. Adds a civil penalty and injunction relief to the penalties for violation of the chapter regarding control of marine pollution and aquatic growth.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22april99.....0760h
99-0586
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to penalty provisions for the law regarding control of marine pollution, exotic aquatic weeds, and other aquatic growth.
Be it Enacted by the Senate and House of Representatives in General Court convened:
204:1 Control of Marine Pollution and Aquatic Growth; Administrative Fines. Amend the introductory paragraph of RSA 487:7, II to read as follows:
II. The commissioner of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense, upon any person who violates any provision of this chapter, any lawful rule of the department adopted under this chapter, or any lawful order issued by the department pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund. The commissioner shall adopt rules, under RSA 541-A, relative to:
204:2 New Paragraphs; Control of Marine Pollution and Aquatic Growth; Civil Penalty; Injunction. Amend RSA 487:7 by inserting after paragraph II the following new paragraphs:
III. Any person who shall violate any provisions of this chapter, or any lawful rule of the department adopted under this chapter, or who shall fail, neglect, or refuse to obey any order lawfully issued pursuant to this chapter, shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
IV. The department shall issue a written cease and desist order against any act in violation of this chapter or lawful rule of the department adopted under this chapter, and any such act may be enjoined by the superior court upon application of the attorney general.
204:3 New Section; Exotic Aquatic Weed Penalties. Amend RSA 487 by inserting after section 16-a the following new section:
487:16-b Exotic Aquatic Weed Penalties. It shall be unlawful to knowingly, recklessly, or purposely offer for sale, distribute, sell, import, purchase, propagate, or introduce exotic aquatic weeds into New Hampshire waterbodies. Notwithstanding RSA 487:7, any person engaging in such an activity shall be guilty of a violation.
204:4 New Hampshire Clean Lakes Program; Rulemaking. Amend RSA 487:24, VII-a to read as follows:
VII-a. Administration and enforcement of, and exemptions to, the exotic aquatic weed prohibition under RSA 487:16-a. [Such rules shall not include the imposition of fines or penalties not otherwise authorized by statute.]
204:5 Effective Date. This act shall take effect January 1, 2000.
(Approved: July 6, 1999)
(Effective Date: January 1, 2000)